Customs Amendment (Strengthening and Modernising Licensing and Other Measures) Act 2024 (79 of 2024)

Schedule 1   Amendments

Part 7   Fit and proper person test

Customs Act 1901

124   Paragraphs 77K(1)(a) to (g)

Repeal the paragraphs, substitute:

(a) if the applicant is a natural person:

(i) the applicant is not a fit and proper person to hold a depot licence; or

(ii) the applicant would not be in a position to occupy and control the proposed depot if the licence were granted; or

(iii) a person who would participate in the management or control of, or in the operations carried out at, the proposed depot (whether or not the person would be present at the proposed depot) is not a fit and proper person to so participate; or

(b) if the applicant is a partnership:

(i) any of the partners is not a fit and proper person to be a member of a partnership holding a depot licence; or

(ii) none of the partners in the partnership would be in a position to occupy and control the proposed depot if the licence were granted; or

(iii) a person who would participate in the management or control of, or in the operations carried out at, the proposed depot (whether or not the person would be present at the proposed depot) is not a fit and proper person to so participate; or

(c) if the applicant is a company:

(i) any of the directors of the company is not a fit and proper person to be a director of a company holding a depot licence; or

(ii) the company would not be in a position to occupy and control the proposed depot if the licence were granted; or

(iii) a person who would participate in the management or control of, or in the operations carried out at, the proposed depot (whether or not the person would be present at the proposed depot) is not a fit and proper person to so participate; or

(iv) the company is not a fit and proper company to hold a depot licence; or